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TAW-63093  /  Saint-Gobain Vetrotex America (Wichita Falls, TX)

Petitioner Type: Union
Impact Date: 03/19/2007
Filed Date: 03/31/2008
Most Recent Update: 04/25/2008
Determination Date: 04/25/2008
Expiration Date: 04/25/2010




DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,093

SAINT-GOBAIN VETROTEX AMERICA
INCLUDING ON-SITE LEASED WORKERS FROM
INDUSTRIAL OUTSOURCING
WICHITA FALLS, TEXAS

Notice of Revised Determination on Reconsideration
of Alternative Trade Adjustment Assistance

By letter dated May 2, 2008, a company official of Saint-
Gobain Vetrotex America requested administrative reconsideration
regarding Alternative Trade Adjustment Assistance (ATAA)
applicable to workers of the subject firm. The negative
determination was signed on April 25, 2008. The notice of
affirmative determination for ATAA was erroneously published in
the Federal Register on May 13, 2008 (73 FR 27560).
The workers of Saint-Gobain Vetrotex America, Wichita Falls,
Texas were certified eligible to apply for Trade Adjustment
Assistance (TAA) on April 25, 2008. The decision was amended to
include on-site leased workers from Industrial Outsourcing on May
21, 2008. The amended version of the determination was published
in the Federal Register on May 29, 2008 (73 FR 30976).
The initial ATAA investigation determined that workers in
the workers’ firm possess skills that are easily transferrable.
In the request for reconsideration, the company official
stated that the information provided by the subject firm in the
initial investigation was inaccurate and that skills of the
workers employed at the subject firm are not easily transferrable
to other businesses within the local commuting area. The company
official provided sufficient information confirming this
statement.
Additional investigation has determined that the workers
possess skills that are not easily transferable and that the
conditions within the industry are adverse. A significant number
or proportion of the worker group is age fifty years or over.
Conclusion
After careful review of the additional facts obtained on
reconsideration, I conclude that the requirements of Section 246
of the Trade Act of 1974, as amended, have been met for workers
at the subject firm.
In accordance with the provisions of the Act, I make the
following revised determination:
"All workers of Saint-Gobain Vetrotex America, including on-
site leased workers from Industrial Outsourcing, Wichita
Falls, Texas, who became totally or partially separated from
employment on or after March 19, 2007 through April 25,
2010, are eligible to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.”
Signed in Washington, D.C. this 2nd day of June, 2008.


/s/ Elliott S. Kushner
_________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,093

SAINT-GOBAIN VETROTEX AMERICA
INCLUDING ON-SITE LEASED WORKERS FROM
INDUSTRIAL OUTSOURCING
WICHITA FALLS, TEXAS

Amended Certification Regarding Eligibility
to Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974 (19
USC 2273), and Section 246 of the Trade Act of 1974 (26 USC
2813), as amended, the Department of Labor issued a Certification
of Eligibility to Apply for Worker Adjustment Assistance and
Negative Determination Regarding Eligibility to Apply for
Alternative Trade Adjustment Assistance on April 25, 2008,
applicable to workers of Saint-Gobain Vetrotex America, Wichita
Falls, Texas. The notice was published in the Federal Register
on May 13, 2008 (73 FR 27560).
At the request of the State agency, the Department reviewed
the certification for workers of the subject firm. The workers
are engaged in the production of continuous strand fiberglass
products.
New information shows that leased workers of Industrial
Outsourcing were employed on-site at the Wichita Falls, Texas
location of Saint-Gobain Vetrotex America. The Department has
determined that these workers were sufficiently under the control
of the subject firm to be considered leased workers.
Based on these findings, the Department is amending this
certification to include leased workers of Industrial Outsourcing
working on-site at the Wichita Falls, Texas location of the
subject firm.
The intent of the Department’s certification is to include
all workers employed at Saint-Gobain Vetrotex America, Wichita
Falls, Texas who were adversely affected by increased imports.


The amended notice applicable to TA-W-63,093 is hereby
issued as follows:
"All workers of Saint-Gobain Vetrotex America,
including on-site leased workers from Industrial
Outsourcing, Wichita Falls, Texas, who became totally
or partially separated from employment on or after
March 19, 2007, through April 25, 2010, are eligible to
apply for adjustment assistance under Section 223 of
the Trade Act of 1974.” and
I further determine that all workers of Saint-Gobain
Vetrotex America, including on-site leased workers from
Industrial Outsourcing, Wichita Falls, Texas, are denied
eligibility to apply for alternative trade adjustment
assistance under Section 246 of the Trade Act of 1974.”
Signed at Washington, D.C. this 21st day of May 2008

/s/ Elliott S. Kushner
_______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance

4510-FN-P


DEPARTMENT OF LABOR

Employment and Training Administration

TA-W-63,093

SAINT-GOBAIN VETROTEX AMERICA
WICHITA FALLS, TEXAS

Certification Regarding Eligibility
To Apply For Worker Adjustment Assistance and
Negative Determination Regarding Eligibility To Apply For
Alternative Trade Adjustment Assistance

In accordance with Section 223 of the Trade Act of 1974, as
amended (19 USC 2273), the Department of Labor herein presents the
results of an investigation regarding certification of eligibility
to apply for worker adjustment assistance.
In order to make an affirmative determination and issue a
certification of eligibility to apply for Trade Adjustment
Assistance, the group eligibility requirements in either paragraph
(a)(2)(A) or (a)(2)(B) of Section 222 of the Trade Act must be met.
It is determined in this case that the requirements of (a)(2)(A) of
Section 222 have been met.
The investigation was initiated in response to a petition
received on March 31, 2008, and filed by a company official on
behalf of workers at Saint-Gobain Vetrotex America, Wichita Falls,
Texas. The workers produce continuous strand fiberglass products.
The investigation revealed that sales, production and
employment declined at the subject facility during the relevant
period.
The Department of Labor conducted a survey of the subject
firm’s major declining customers regarding their purchases of
continuous strand fiberglass products during 2006, 2007, and
January through March 2008 over the corresponding 2007 period. The
survey revealed that major customers increased their purchases of
imported continuous strand fiberglass products, while decreasing
their purchases from the subject firm during the relevant time
period.
In addition, in accordance with Section 246 the Trade Act of
1974 (26 USC 2813), as amended, the Department of Labor herein
presents the results of its investigation regarding certification
of eligibility to apply for alternative trade adjustment assistance
(ATAA) for older workers.
The group eligibility criteria for the ATAA program that the
Department must consider under Section 246 of the Trade Act are:
1. Whether a significant number of workers in the
workers' firm are 50 years of age or older.

2. Whether the workers in the workers' firm possess skills
that are not easily transferable.

3. The competitive conditions within the workers' industry
(i.e., conditions within the industry are adverse).

The Department has determined that criterion 2 has not been
met.
The investigation revealed that the workers in the workers'
firm possess skills that are easily transferable.
Conclusion
After careful review of the facts obtained in the
investigation, I determine that increases of imports of articles
like or directly competitive with continuous strand fiberglass
products produced at Saint-Gobain Vetrotex America, Wichita Falls,
Texas, contributed importantly to the total or partial separation
of workers and to the decline in sales or production at that firm
or subdivision. In accordance with the provisions of the Act, I
make the following certification:
"All workers of Saint-Gobain Vetrotex America, Wichita Falls,
Texas, who became totally or partially separated from
employment on or after March 19, 2007, through two years from
the date of certification are eligible to apply for adjustment
assistance under Section 223 of the Trade Act of 1974;” and
I further determine that all workers of Saint-Gobain Vetrotex
America, Wichita Falls, Texas, are denied eligibility to apply for
alternative trade adjustment assistance under Section 246 of the
Trade Act of 1974.”
Signed in Washington, D.C. this 25th day of April 2008.


/s/Elliott S. Kushner
______________________________
ELLIOTT S. KUSHNER
Certifying Officer, Division of
Trade Adjustment Assistance








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